Whatever the motivation
Accountability mechanisms have never been independent in this country. They, however, used to be predicable. Under the PPP during the ‘90s the accountability mechanism was supposed to take up cases only against the PML-N. Gen Babar, the accountability Czar under Benazir, never made bones about what he was doing. Once asked why no cases were being filed against the PPP and whether the party comprised saints; “Let the PML-N come to power on its turn and file cases against the PPP”, he said.
During his second tenure Nawaz Sharif more than evened the score with the PPP. The National Assembly, where the PML-N enjoyed absolute majority, was made to pass a new Ehtesab Act which had two interesting features. First, the existing Ehtesab Ordinance was amended to shift the starting date for accountability from the original 31st December, 1985 to 6th August, 1990 to provide cover to corruption during the two tenures of Nawaz Sharif as Chief Minister of Punjab.
Another amendment transferred the power of investigating corruption charges from the Chief Ehtesab Commissioner to the Ehtesab Cell set up by prime minister and headed by Saif-ur-Rehman, a handpicked henchman. The cell was given more powers than the Commission of which it was a division.
Saif-ur-Rehman was both determined and reckless. He left no stone unturned to cook up cases against Benazir Bhutto and Asif Zardari. Prominent businessmen, bankers, government officials and the leading columnist Husain Haqqani were picked up from Karachi and elsewhere and transferred to Saif-ur-Rehman’s safe-houses in Islamabad. Here they were subjected to physical and mental torture for days and weeks to extract confessions against BB and Zardari.
Not satisfied with the work of the intelligence sleuths or his own legal team, Saif-ur-Rehman directly rang up judges dictating to them the number of years in jail each one of the leaders was to be awarded. The man did it so blatantly that his telephonic conversation was recorded. This was released to media after the punishment was announced. The evidence was too much for the Supreme Court to ignore. The Court declared that malice “floated over” the verdict and reprimanded two high court judges who had to resign.
Did the establishment play any role in influencing the accountability process under BB or Nawaz Sharif? Perhaps not. The agencies, however, had no doubt played a significant role in queering the election pitch to keep the PPP out of power. Zia-ul-Haq had overthrown ZAB and had managed to get him sentenced to death through the loyalists among the Supreme Court judges. The PPP was considered a security risk by the military leadership which succeeded Zia. The agencies ensured that Sharif did not join hands with BB during the period. There is however no evidence to show that the agencies also influenced the accountability process.
NAB retained its reputation for predictability under Musharraf. The accountability body and the ISI were turned by the military ruler into instruments for political engineering. The sole function assigned to NAB was to confront the opposition figures with genuine or manufactured cases to persuade them to join the coalition being hammered together with the help of the ISI. Those who agreed were rewarded with ministries or other kudos. Those who seemed to be reluctant were handed over to Lt Gen Syed Mohammad Amjad, the newly appointed Chairman NAB, who sent them to police lock ups where a bitterly cold winter and an uncertain future forced many to cooperate. Those who agreed to join hands with the general were declared honest despite their seedy reputation.
Maj Gen Zamir of the ISI bargained with politicians to change their loyalties. Whenever anyone agreed to join the government punsters said he had responded to the call of Zamir, which means conscience.
The manipulation of NAB against political opponents continued till the end of the Musharraf era. Lt Gen Shahid Aziz, who left the post of Chairman NAB in May 2007, said that in order to prolong his stay in power, Musharraf repeatedly intervened in the last years of his rule to prevent action against some leading politicians and political families. As if this was not enough, both Musharraf and his handpicked prime minister, Shaukat Aziz, often stood in the way of anti-corruption proceedings against some highly controversial businessmen on the excuse that such actions could discourage “economic progress”.
During its 2008-13 tenure the PPP kept NAB under strict control. It generally avoided using the Bureau against opponents as it had numerous skeletons in its own cupboards which continued to rattle most of the time. According to Khurshid Shah the PPP had proposed to Nawaz Sharif in 2008 to agree to abolish the NAB and instead form a parliamentary commission but the PML-N leadership did not agree to the suggestion.
Neither of the two parties was keen to appoint a new chairman of the National Accountability Bureau after 2013 elections. The Supreme Court however ordered the constitutional provision to be implemented by October and it was under pressure that the prime minister and leader of the opposition agreed on a common name.
Maj (r) Qamar Zaman being a joint nominee, it was hoped that he would not take up any corruption scandal involving either the PPP or the PML-N leadership. The NAB chief fulfilled the expectations for about a year, continuing on the prescribed course. Then something happened and NAB began to act in an unexpected way.
First cases against smaller fry in Sindh, a bureaucrat or a junior minister here and there, were reported in the media. The PPP smelled foul play and accused the interior minister for being behind the move.
The PML-N, which was courting the army leadership, didn’t take notice. There was already a perception in Punjab that corruption had reached unbearable proportions under the PPP government in Sindh. Gradually the Rangers and then Corps Commander Karachi started hinting at a nexus between politics and terrorism. There were shortcomings in necessary infrastructure and services which gave birth to criminal and vested groups, they maintained. Also that ‘vested interest’ and ‘political expediencies’ were responsible for these for shortcomings.
The arrest of Dr Asim Hussain by the Rangers and his continued questioning by NAB were considered a normal activity by the law enforcement agencies.
The demand by Pakistan Awami Tehreek chief Tahir-ul-Qadri to launch the Rangers in Punjab and question PML-N leaders, however, raised eyebrows.
It added to the government’s worries when NAB presented a list of 150 mega corruption scandals in Supreme Court in July last. The list contained the names of the Sharif brothers and Ishaq Dar as well as Zardari and some of the PPP big wigs. The next day Punjab chief minister held a press conference to denounce the charges.
Speaker Ayaz Sadiq launched a counter attack by blaming NAB for closing cases worth billions of rupees under the so-called plea-bargain, while on the other filing ‘frivolous’ cases against others.
Suddenly Nawaz Sharif realised that NAB was harassing government officers with the result that they were afraid of taking decisions. Thus NAB was hindering government work. “I have brought the matter to the notice of the NAB chairman a couple of times. He should take notice. Otherwise, the government will take legal action in this regard,” Nawaz threatened.
Is the NAB chief acting independently on the basis of the evidence at his disposal? Or is he ‘transgressing his limits’ by expanding the accountability net to Punjab in compliance with the instructions of the Supreme Court? Or is he doing this on someone else’s behest?
Whatever the motivation the NAB is going off its prescribed course.
